Terms & Conditions
TERMS AND CONDITIONS FRESH GREENS
1. Prior information and acceptance of the Terms and Conditions
The present Terms and Conditions will regulate the access and use by third parties (hereinafter, "Users") of the website https://freshgreens.com/ (hereinafter, the "Website"), owned by VEGAN FOOD CLUB, S.L. (hereinafter, "FRESH GREENS"), with VAT number B02658854 and address at Gran Vía Marqués del Túria, 13, 1. 46005 Valencia.
The User can contact FRESH GREENS by sending an e-mail to the following address: laura@freshgreens.es in Spanish or Portuguese or by telephone: (+34) 623 274 671.
By accepting the Terms and Conditions, the User undertakes to always act in accordance with the provisions set out in the clauses of this legal text, which define the rights and obligations of FRESH GREENS and the User with regard to the contractual relationship arising from the use of the services accessible through the Website.
These are the only Terms and Conditions applicable to the use of the Website (without prejudice that for certain services there may be particular conditions) which supersede any other conditions.
2. Object
This Website has been developed by FRESH GREENS to offer Users an online service of vegan meals prepared and delivered at home (hereinafter, "Services").
FRESH GREENS informs the Users through the Website of the meals, ingredients, preparation, and nutritional information necessary to provide the User with all relevant information corresponding to the meals prepared and published on the FRESH GREENS Website.
The Services are intended for consumer users.
3. Functioning of the Website and obligations of the Users
For Users to enjoy the Services that FRESH GREENS offers through the Website it is necessary that they take into account the following:
3.1. User Registration
To proceed with the contracting of the Services made available to the Users, the Website offers the Users the possibility of creating an account through an online form that must be filled in with the data required in it.
FRESH GREENS will facilitate the use of personal passwords to the User who registers as such in the Website. These passwords will be used to access the services provided through the Website.
Users shall have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the Username and/or passwords that allow access to their account and undertake not to cede their use to third parties, either temporarily or permanently, nor to allow access to third parties.
By virtue of the above, the Users must immediately notify FRESH GREENS through the e-mail laura@veganfood.club (Spanish or Portuguese) of any improper use of their Username and/or password, due to circumstances such as theft, loss or unauthorized access to them, so that FRESH GREENS can proceed to their cancellation or blocking and/or disabling as soon as it becomes aware of the improper use of their User Account. As long as such facts are not communicated, FRESH GREENS will be exempted from any responsibility that could be derived from the improper use of the Usernames or passwords by unauthorized third parties.
Users assume full responsibility for their use of the Website. The Website may provide Users with access to a large amount of text, graphics, drawings, designs, photographs, multimedia content and information (hereinafter, the "Content") belonging to FRESH GREENS or third parties.
The User undertakes, in general, to use the Website diligently, in accordance with the law, morality, public order and the provisions of these Terms and Conditions, and shall also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Website by users or that could damage or cause damage to the property and rights of FRESH GREENS, its suppliers, users or in general any third party.
Without limitation, Users agree not to use such Content or Services to:
Make unauthorized or fraudulent use of the Website;
Access or attempt to access restricted resources of the Website;
Use the Website for purposes that are illicit, illegal and/or contrary to the provisions of these Terms and Conditions, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload or impede the normal use or enjoyment of the Website;
Cause damage to the Website or third party systems;
Introduce or spread computer viruses or any other physical or logical systems that may cause damage to the systems of FRESH GREENS or third parties;
Attempt to access, use and/or manipulate the data of FRESH GREENS, other Users or third parties;
Reproduce, copy, distribute, transform or modify the contents, allowing access to third parties through any form of public communication, unless authorized by the holder of the corresponding rights or it is legally permitted;
Obtain or attempt to obtain the contents by means or procedures other than those which, where appropriate, have been made available for this purpose;
Attempting to access and/or use the e-mail accounts of other Users and/or modifying or manipulating their messages; and
Users shall not transmit their username and password to unauthorized third parties and shall immediately inform FRESH GREENS of the access of an unauthorized user.
Furthermore, Users undertake to keep the information in their account accurate, complete, and up to date (name, surname, telephone number, email, etc.).
In relation to the above, FRESH GREENS reserves the right to deny any attempt to access the Website, eliminate or modify contents, or cancel the provision of Services in the cases in which an incorrect use of the Website takes place, being also able to exercise all the legal actions that could correspond, being the User responsible for the expenses that such acts could cause, as well as for the damages and prejudices caused.
3.2. User Account
Once the User has created an account to access the Website, he/she will have access to a profile where he/she can fill in his/her personal data, postal address, and telephone number.
The User guarantees that his/her data will be accurate, current, and truthful. Furthermore, he/she may cancel his/her account on the Website at any time by contacting FRESH GREENS by email at laura@veganfood.club (Spanish or Portuguese).
3.3. Functioning of the Website
Once the User's account has been created, the User may proceed to contract any of the subscription plans offered by FRESH GREENS. Once the plan has been selected, the User can make the payment of the price stipulated on the Website.
FRESH GREENS may suspend temporarily and without prior notice, the accessibility to the Website due to maintenance, repair, update or improvement operations. However, whenever the circumstances allow it, FRESH GREENS will communicate to the Users, with sufficient advance notice, the date foreseen for the suspension of the Services.
4. Conditions of Services
FRESH GREENS offers Users different subscription plans of vegan meals prepared for home delivery.
The User may choose between the different subscription plans offered by FRESH GREENS, whose prices vary according to the number of meals chosen by the User and which will be indicated on the Website at the time of the User's choice.
The User may modify, interrupt or cancel his subscription plan via his User account. Subscriptions are automatically renewed unless the User has canceled it.
The User may access the essential characteristics of each subscription plan through its description on the Website.
FRESH GREENS reserves the right to modify the Services offered through the Website to the Users. In particular, FRESH GREENS may at any time add new Services to those offered or included in the Website, it being understood that unless otherwise provided, these new Services shall be governed by the provisions of these Terms and Conditions.
5. Prices and methods of payment
The prices of the subscription plans will depend on the number of meals selected by the User and will be indicated on the Website at the time of selection.
For the first purchase made by the User, payment shall be made at the same time.
However, subsequent payments for the chosen subscription will be made in the following manner:
For Spain and Portugal:
When the User has chosen to have the order delivered on Mondays, Tuesdays, and Wednesdays, the payment will be made on the previous Friday.
When the User has chosen to have the order delivered on Fridays, the payment will be made on the previous Tuesday.
FRESH GREENS will inform the User that the payment is going to be made three days before the payment is made. Once the order has been charged, the User will not be able to exercise his right of withdrawal, as detailed in point 7 of these Terms and Conditions.
Once the User has selected the subscription plan for the Services, he/she must verify that the content of his/her order is correct and proceed to pay for it. In this regard, for the User to be able to proceed with the payment of his/her order, he/she must identify him/herself or register prior to proceeding with the payment.
At the time of payment, the User may enter any discount codes or gift cards they may have and the discount will be automatically applied to the final price.
All prices of the Services indicated on the Website are expressed in Euros and include VAT and any other taxes that may apply.
The user may pay the amount corresponding to his/her order by the means of payment accepted on the Website:
- VISA/Mastercard
- PayPal
In any of the options chosen by the User, FRESH GREENS will always send an email to the User confirming the details of the purchase made and the corresponding invoice or receipt once the order has been formalized after the acceptance of the present Terms and Conditions and the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the required security protocols and services.
The user must notify FRESH GREENS of any undue or fraudulent charge on the card used for the purchases, by sending an email to laura@veganfood.club (in Spanish or Portuguese) as soon as possible so that FRESH GREENS can take the appropriate steps.
In no case, any data referring to the User's credit card will be stored.
6. Delivery times, place of delivery, shipping costs and losses
6.1. Delivery of the Product
FRESH GREENS undertakes to deliver the order in perfect condition to the address indicated by the User. To this end, the cooked meals are kept refrigerated during the entire transport and delivery process.
To optimize the delivery, the User must indicate an address where the order can be delivered during the time FRESH GREENS delivers, that is, on Mondays, Tuesdays, Wednesdays and Fridays between 10:00 and 14:00 hours for Spain and Portugal.
However, FRESH GREENS will not be responsible for any errors caused in the delivery of the order when the delivery address entered by the User in the order form is inaccurate, does not correspond to reality, is false or has been omitted.
Notwithstanding the above, FRESH GREENS undertakes to adopt those measures within its reach, so that the delivery of the orders can be carried out in the agreed time, and if not, as soon as possible, to the satisfaction of the addressee.
6.2. Delivery time and shipping costs
Deliveries are weekly and are made by FRESH GREENS on Mondays, Tuesdays, Wednesdays or Fridays, at the User's choice, between 10:00 and 14:00 hours for Spain and Portugal. When the User selects the subscription plan, he/she can also select the day of delivery.
When the User has selected his first day for delivery, the other deliveries of the subscription will automatically be made on the same day of the week.
In Spain and Portugal orders are sent via the SEUR courier company, through its "SEUR Frío" solution, which allows fresh products to be transported at a controlled temperature.
FRESH GREENS ships to all of Spain, except the Canary Islands, Balearic Islands, Ceuta and Melilla.
The following delivery charges will apply for Spain and Portugal:
In Spain and Portugal the User will be charged 3.99€ per delivery.
Users can view the status of their order by logging in to their account, where they will be informed in real time about the different statuses (awaiting payment, in preparation, shipped, delivered...).
7. Right of withdrawal
The User may not exercise his right of withdrawal in accordance with Article 16 (d) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights.
In this regard, the User may cancel or modify the subscription at any time, but any payments that have been made will not be refunded, as these are perishable products that may deteriorate or expire quickly.
However, once the subscription plan has been cancelled, the User may continue to enjoy the Services until the end of the contracted period. Once this period has expired, the subscription will not be renewed.
8. Warranties and exclusion of liability
FRESH GREENS guarantees that the meals are cooked to order, with fresh and natural ingredients. The packaging of the meals is carried out in a controlled atmosphere to guarantee the optimal preservation of the meals.
In this sense, the cooked meals are kept refrigerated during the entire transport and delivery process and the expiry date is indicated on the packaging.
Once the meals have been delivered, the User must follow the conservation instructions to keep the product in good condition. In this sense, the User must keep them refrigerated.
9. Intellectual and Industrial Property
The User acknowledges that all the elements of the Website and of each of the products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to them, are protected by intellectual and industrial property rights of FRESH GREENS itself or of third parties, and that the Terms and Conditions do not attribute any other rights with respect to said industrial and intellectual property rights other than those specifically contemplated therein.
Therefore, and by virtue of the provisions of the applicable regulations on Intellectual Property and Trademarks, as well as of the complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its modality of making available, of all or part of the contents of the Website, in any support and by any technical means, is expressly forbidden, unless expressly authorised in writing by FRESH GREENS.
Specifically, and by virtue of the provisions of the national, European, and international regulations on intellectual property, it is expressly forbidden to use all or part of the contents of this web page and specifically the contents elaborated by FRESH GREENS, for commercial purposes, in any support and by any technical means, without the authorization of FRESH GREENS.
The User must use the materials, elements, and information to which he accesses through the use of the Website only for his own needs, obliging himself not to carry out neither directly nor indirectly a commercial exploitation of the materials, elements and information obtained through the same.
The User undertakes to respect the Intellectual and Industrial Property rights owned by FRESH GREENS. The User must abstain from deleting, altering, evading, or manipulating any protection device or security system installed in the FRESH GREENS Website.
FRESH GREENS does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case it will be understood that the access and navigation of the Users implies a renunciation, transmission, license or total or partial cession of these rights by FRESH GREENS.
Any use of these contents not previously authorized by FRESH GREENS will be considered a serious breach of the intellectual or industrial property rights and will give rise to the legally established responsibilities.
10. Modifications
FRESH GREENS reserves the right to make as many modifications to these Terms and Conditions as it deems appropriate, in which case Users will be notified in advance. These modifications will be valid as soon as they are published on the Website.
11. Safeguard clause
All clauses or terms of these Terms and Conditions of Use must be interpreted independently and autonomously, and the rest of the stipulations shall not be affected if one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or other clauses that preserve the effects pursued by the Terms and Conditions.
12. Out-of-court settlement of disputes
Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Platform informs that, in the event of a dispute, the User resident of the European Union may use the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the contractual relationship between the parties.
If you wish to access the "Online Dispute Resolution Platform" you can do so via the following link: http://ec.europa.eu/consumers/odr/.
13. Jurisdiction and venue
These Terms and Conditions are subject to the laws of the User’s place of residence. The parties, in accordance with the legislation of the User’s place of residence, submit to the competent consumer courts and tribunals.